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(3) the level of housing, health, and educational facilities is substantially below the national level;
(4) the economy of the area has traditionally been dominated by only one or two industries, which are in a state of long-term decline;
(5) the rate of outmigration of labor or capital or both is substantial; (6) the area is adversely affected by changing industrial technology;
(7) the area is adversely affected by changes in national defense facilities or production; and
(8) indices of regional production indicate a growth rate substantially below the national average.
Sec. 502. (a) Upon designation of development regions, the Secretary shall invite and encourage the States wholly or partially located within such regions to establish appropriate multistate regional commissions.
(b) Each such commission shall be composed of one Federal member, hereinafter referred to as the “Federal cochairman”, appointed by the President by and with the advice and consent of the Senate, and one member from each participating State in the region. Each State member may be the Governor, or his designee, or such other person as may be provided by the law of the State which he represents. The State members of the commission shall elect a cochairman of the commission from among their number.
(c) Decisions by a regional commission shall require the affirmative vote of the Federal cochairman and of a majority, or at least one if only two, of the State members. In matters coming before a regional commission, the Federal cochairman shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter.
(d) Each State member of a regional commission shall have an alternate, appointed by the Governor or as otherwise may be provided by the law of the State which he represents. The President, by an with the advice and consent of the Senate, shall appoint an alternate for the Federal cochairman of each regional commission. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the State or Federal cochairman for which he is an alternate.
(e) The Federal cochairman to a regional commission shall be compensated by the Federal Government from funds authorized by this Act up to level IV of the Federal Executive Salary Schedule. His alternate shall be compensated by the Federal Government from funds authorized by this Act at not to exceed the maximum scheduled rate for grade GS-18 of the Classification Act of 1949, as amended, and when not actively serving as an alternate for the Federal cochairman shall perform such functions and duties as are delegated to him by the Federal cochair
Each State member and his alternate shall be compensated by the State which they represent at the rate established by the law of such State.
(f) If the Secretary finds that the State of Alaska or the State of Hawaii meet the requirements for an economic development region, he may establish a Commission for either State in a manner agreeable to him and to the Governor of the affected State.
FUNCTIONS OF COMMISSION Sec. 503. (a) In carrying out the purposes of this Act, each Commission shall with respect to its region
(1) advise and assist the Secretary in the identification of optimum boundaries for multistate economic development regions;
(2) initiate and coordinate the preparation of long-range overall economic development programs for such regions;
(3) foster surveys and studies to provide data required for the preparation of specific plans and programs for the development of such regions ;.
(4) advise and assist the Secretary and the States concerned in the initiation and coordination of economic development districts, in order to promote maximum benefits from the expenditure of Federal, State, and local funds;
(5) promote increased private investment in such regions;
(6) prepare legislative and other recommendations with respect to both short-range and long-range programs and projects for Federal, State, and local agencies;
(7) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities thereunder, giving due consideration to other Federal, State, and local planning in the region;
(8) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the resources of the region, and, in cooperation with Federal, State and local agencies, sponsor demonstration projects designed to foster regional productivity and growth;
(9) review and study, in cooperation with the agency involved, Federal, State, and local public and private programs and, where appropriate, recommend modifications or additions which will increase their effectiveness in the region;
(10) formulate and recommend, where appropriate, interstate compacts and other forms of interstate cooperation, and work with State and local agencies in developing appropriate model legislation; and
(11) provide a forum for consideration of problems of the region and proposed solutions and establish and utilize, as appropriate, citizens and special
advisory councils and public conferences. (b) The Secretary shall present such plans and proposals of the commissions as may be transmitted and recommended to him (but are not authorized by any other section of this Act) first for review by the Federal agencies primarily interested in such plans and proposals and then, together with the recommendations of such agencies, to the President for such action as he may deem desirable.
(c) The Secretary shall provide effective and continuing liaison between the Federal Government and each regional commission.
(d) Each Federal agency shall, consonant with law and within the limits of available funds, cooperate with such commissions as may be established in order to assist them in carrying out their functions under this section.
(e) Each regional commission may, from time to time, make additional recommendations to the Secretary and recommendations to the State Governors and appropriate local officials, with respect to
(1) the expenditure of funds by Federal, State, and local departments and agencies in its region in the fields of natural resources, agriculture, education, training, health and welfare, transportation, and other fields related to the purposes of this Act; and
(2) such additional Federal, State, and local legislation or administrative actions as the commission deems necessary to further the purposes of this Act.
PROGRAM DEVELOPMENT CRITERIA
SEC. 504. In developing recommendations for programs and projects for future regional economic development, and in establishing within those recommendations a priority ranking for such programs and projects, the Secretary shall encourage each regional commission to follow procedures that will insure consideration of the following factors:
(1) the relationship of the project or class of projects to overall regional development including its location in an area determined by the State to have a significant potential for growth;
(2) the population and area to be served by the project or class projects including the relative per capita income and the unemployment rates in the area;
(3) the relative financial resources available to the State or political subdivisions or instrumentalities thereof which seek to undertake the project;
(4) the importance of the project or class of projects in relation to other projects or classes of projects which may be in competition for the same funds;
(5) the prospects that the project, on a continuing rather than a temporary basis, will improve the opportunities for employment, the average level of income, or the economic and social development of the area served by the project.
REGIONAL TECHNICAL AND PLANNING ASSISTANCE SEC. 505. (a) The Secretary is authorized to provide to the commissions technical assistance which would be useful in aiding the commissions to carry out their functions under this Act and to develop recommendations and programs. Such assistance shall include studies and plans evaluating the needs of, and developing potentialities for, economic growth of such region, and research on improving the conservation and utilization of the human and natural resources of the region. Such assistance may be provided by the Secretary through members of his staff, through the payment of funds authorized for this section to other departments or agencies of the Federal Government, or through the employment of private individuals, partnerships, firms, corporations, or suitable institutions, under contracts entered into for such purposes, or through grants-in-aid to the commissions. The Secretary, in his discretion, may require the repayment of assistance provided under this subsection and prescribe the terms and conditions of such repayment.
(b) For the period ending on June 30 of the second full Federal fiscal year following the date of establishment of a commission, the administrative expenses of each commission as approved by the Secretary shall be paid by the Federal Government. Thereafter, not to exceed 50 per centum of such expenses may be paid by the Federal Government. In determining the amount of the non-Federal share of such costs or expenses, the Secretary shall give due consideration to all contributions both in cash and in kind, fairly evaluated, including but not limited to space, equipment, and services.
(c) There is hereby authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1966, and for each fiscal year thereafter through the fiscal year ending June 30, 1970, for the purposes of this section.
ADMINISTRATIVE POWERS OF REGIONAL COMMISSIONS
SEC. 506. To carry out its duties under this Act, each regional commission is authorized to
(1) adopt, amend, and repeal bylaws, rules, and regulations governing the conduct of its business and the performance of its functions;
(2) appoint and fix the compensation of an executive director and such other personnel as may be necessary to enable the commission to carry out its functions, except that such compensation shall not exceed the salary of the alternate to the Federal cochairman on the commission and no member, alternate, officer, or employee of such commission, other than the Federal cochairman on the commission and his staff and his alternate, and Federal employees detailed to the commission under clause (3), shall be deemed a Federal employee for any purpose;
(3) request the head of any Federal department or agency (who is hereby so authorized) to detail to temporary duty with the commission such personnel within his administrative jurisdiction as the commission may need for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status;
(4) arrange for the services of personnel from any State or local government or any subdivision or agency thereof, or any intergovernmental agency;
(5) make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel, and the Civil Service Commission of the United States is authorized to contract with such commission for continued coverage of commission employees, who at date of commission employment are Federal employees, in the retirement program and other employee benefit programs of the Federal Government;
(6) accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible;
(7) enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation;
(8) maintain an office in the District of Columbia and establish field offices at such other places as it may deem appropriate; and
(9) take such other actions and incur such other expenses as may be necessary or appropriate.
Sec. 507. In order to obtain information needed to carry out its duties, each regional commission shall
(1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable, a cochairman of such commission, or any member of the commission designated by the commission for the purpose, being hereby authorized to administer oaths when it is determined by the commission that testimony shall be taken or evidence received under oath;
(2) arrange for the head of any Federal, State, or local department or agency (who is hereby so authorized, to the extent not otherwise prohibited by law) to furnish to such commission such information as may be available to or procurable by such department or agency; and
(3) keep accurate and complete records of its doings and transactions which shall be made available for public inspection.
PERSONAL FINANCIAL INTERESTS
SEC. 508. (a) Except as permitted by subsection (b) hereof, no State member or alternate and no officer or employee of a regional commission shall participate personally and substantially as member, alternate, officer, or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization (other than a State or political subdivision thereof) in which he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. Any person who shall violate the provisions of this subsection shall be fined not more than $10,000, or imprisoned not more than two years, or both.
(b) Subsection (a) hereof shall not apply if the State member, alternate, officer or employee first advises the regional commission involved of the nature and circumstances the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by such commission that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the commission may expect from such State member, alternate, officer, or employee.
(c) No State member of a regional commission, or his alternate, shall receive any salary, or any contribution to or supplementation of salary for his services on such commission from any source other than his State. No person detailed to serve a regional commission under authority of clause (4) of section 506 shall receive any salary or any contribution to or supplementation of salary for his services on such commission from any source other than the State, local, or intergovernmental department or agency from which he was detailed or from such commission. Any person who shall violate the provisions of this subsection shall be fined not more than $5,000, or imprisoned not more than one year, or both.
(d) Notwithstanding any other subsection of this section, the Federal cochairman and his alternate on a regional commission and any Federal officers or employees detailed to duty with it pursuant to clause (3) of section 10 shall not be subject to any such subsection but shall remain subject to sections 202 through 209 of title 18, United States Code.
(e) A regional commission mav, in its discretion, declare void and rescind any contract or other agreement pursuant to the Act in relation to which it finds that there has been a violation of subsection (a) or (c) of this section, or any of the provisions of sections 202 through 209, title 18, United States Code.
SEC. 509. Each regional commission established pursuant to this Act shall make a comprehensive and detailed annual report each fiscal year to the Congress with respect to such commission's activities and recommendations for programs. The first such report shall be made for the first fiscal year in which such commission is in existence for more than three months. Such reports shall be printed and transmitted to the Congress not later than January 31 of the calendar year following the fiscal year with respect to which the report is made.
The CHAIRMAN. Senator Kennedy, as you depart, I wish to thank you very, very much for your presence this morning, and your colleagues of the House from Massachusetts who have come with you. Thank you very much.
Senator KENNEDY. Thank you, Mr. Chairman.
The CHAIRMAN. We will include the statements of the Senators to which I referred earlier. (The letters referred follow:)
Washington, D.C., January 11, 1967. Hon. JENNINGS RANDOLPH, Chairman, Committee on Public Works, New Senate Office Building, Washington, D.C.
DEAR MR. CHAIRMAN: I am more than happy to support the nomination of Mr. John J. Linnehan of Massachusetts for the position as Federal Co-Chairman of the New England Regional Development Commission.
In my opinion, Mr. Linnehan is eminently qualified for this position. As a native and resident New Englander, he is well aware of the economic problems facing the region. By training and dedication I know he will maintain a fruitful contact with the Governors of the various New England States that will be beneficial to the region and to our country. With best personal wishes,
am, Sincerely yours,
John O. PASTORE, U.S. Senator.
Washington, D.C., January 9, 1967. Hon. JENNINGS RANDOLPH, Chairman, Committee on Public Works, U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: I understand that a hearing on the nomination of John Linnehan of Massachusetts to be Federal Co-Chairman of the New England Regional Development Commission is scheduled by your committee this week.
I would like to take this opportunity to heartily endorse Mr. Linnehan's nomination for this important post and to inform the committee that, in my judgment, Mr. Linnehan's qualifications and background make him well qualified to administer the duties of this Commission.
Since my election to the United States Senate in 1962, I have known and worked closely with Mr. Linnehan in his capacity as Special Assistant to the Administrator of the Small Business Administration and as Director of Governmental Affairs of the National Association of Home Builders. I know first hand the quality of his work and can assure the committee that his past performance will bring a rich resource of talent and administrative ability to the New England Regional Development Commission.
The New England Regional Development Commission will give a great boost to the economy of our area; and I am extremely pleased that the President has nominated such a able public servant to serve as its co-chairman.
I would be very grateful if this letter could be entered in the record of the Committee on Public Works as part of the testimony relating to Mr. Linnehan's confirmation hearing. With best wishes. Sincerely,
Tom McINTYRE, U.S. Senator.
Washington, D.C., January 12, 1967. Hon. JENNINGS RANDOLPH, Chairman, Public Works Committee, U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: It is a pleasure for me to take this opportunity to endorse the nomination of Mr. John J. Linnehan to be Federal co-chairman of the New England Regional Action Planning Commission.
Mr. Linnehan will bring to his new position a wealth of experience. His association with the National Association of Home Builders and with the Small Business Administration have provided him with a keen awareness and a broad understanding of the many problems facing the small business concerns, which lie at the very core of New England's economy.